Excerpt: ... Interrogatories, Set One from each plaintiff Responses to Special Interrogatories, Set One from each plaintiff Responses to Demand for Production, Set One from each plaintiff CHRONOLOGY Date Discovery served: January 24, 2019 Date Responses served: NO RESPONSES SERVED Date Motion filed: August 7, 2019 OPPOSITION: No opposition. ANALYSIS: Motions to Compel Responses Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interr...

Excerpt: ...fendant Andrew Kuhn's Demurrer to First Amended Complaint is OVERRULED. Ten days to answer Defendant Macie Wang's Demurrer to First Amended Complaint is OVERRULED. Ten days to answer. Meet and Confer? Plaintiff did not respond RELIEF REQUESTED: Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Fraud 2) Civil Conspiracy to Commit Fraud 3) Breach of Written Contract SUMMARY OF FACTS: Plaintiffs allege tha...

Excerpt: ...AND PROCEDURAL BACKGROUND: Plaintiff Yanan Tang alleges that she entered into an agreement with defendant Joel Spence, pursuant to which defendant agreed to represent plaintiff as her attorney in dealing with an immigration matter. Plaintiff alleges that she is a 30-year old female from China who was last admitted into the United States in December 2011 with a F-1 student Visa, and affirmatively applied for asylum, with her case being referred to...

Excerpt: ... striking fourth and fifth causes of action of FAC and awarding attorneys' fees CAUSES OF ACTION: from First Amended Complaint 1) Fraud and Deceit 2) Conversion of Property 3) Breach of Fiduciary Duty 4) Breach of Written Contract 5) Breach of Implied Covenant of Good Faith and Fair Dealing 6) Declaratory Relief SUMMARY OF FACTS: Plaintiff BLT Communications, LLC alleges that it is the largest entertainment marketing and media company in the worl...

Excerpt: ...efendant City of Burbank In the alternative, summary adjudication of issues Summary Judgment in favor of defendant/cross-defendant HHS Construction, Inc. In the alternative, summary adjudication of issues RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant City of Burbank's Motion for Summary Judgment or in the Alternative for Summary Adjudication on the Issue of Failure of a Government Claim, D...

Excerpt: ...030003000300030003[ Moving Party: Defendant Heritage Housing Partners Responding Party: Plaintiffs Miriam Recinos, Alan Isaac Orellana-Recinos, through his GAL, and Aaron Isaiah Orrellana-Recinos, through his GAL Meet and Confer? Ok RELIEF REQUESTED: <0048004700030026005200 500053004f0044004c00510057[ RULING: Defendant Heritage Housing Partners' Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the...

Excerpt: ...alty Group, Inc. Responding Party: Cross-Complainant Silvina Zoltzman RULING: Plaintiff Luis Pezzini and Sunset Strip Realty Group, Inc.'s Demurrer to Silvina Zoltzman's Cross Complaint: Demurrer is NOT CONSIDERED BY THE COURT to the extent arguments are made by cross- defendant Luis Pezzini, in pro per, on behalf of the corporate cross-defendant, Sunset Strip Realty Group, Inc., which may not appear before the court other than through a licensed...

Excerpt: ...) <0003000300030003000300 000300030033004f0044[intiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang (Compel Docs) <0003000300030003000300 00030003000b00310052[ Opposition) RELIEF REQUESTED: Further Responses to Request for Admissions Responses to Document Demands, Set Three RULING: Cross-Defendant Joseph Jung's Motion to Compel Cross-Complainant Michael Sayer to Provide Further Responses to Requests for Admissions is MOOT in light of the service of ...

Excerpt: ...[cy, Inc. <0003000300030003000300 00030003002700480049[endant NoHo Home Healthcare, Inc. Responding Party: Defendant NoHo Home Healthcare, Inc. <0003000300030003000300 000300030033004f0044[intiff Royal Health Home Care Agency, Inc. RELIEF REQUESTED: Further Responses to Plaintiff's Special Interrogatories, Set Two Further Responses to NoHo's Special Interrogatories, Set One FACTUAL BACKGROUND: Plaintiff Royal Home Healthcare Agency, Inc. alleges ...

Excerpt: ...[ Responding Party: Defendant General Motors, LLC (No Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted RULING: [No opposition] Plaintiff Patricia Cano's Motion to Have Requests for Admissions Deemed Admitted is GRANTED. Defendant has failed to serve timely verified responses, or a proposed response to the requests for admission that is in substantial compliance with Section 2033.220 prior to the hearing on this motion....

Excerpt: ...9 Klump Ave., LLC's Motion to Quash as to Service of Summons and Complaint is GRANTED. The service on 5509 Klump Ave., LLC as reflected in the proof of service showing service on April 16, 2019 is quashed as not effected in conformity with CCP § 416.10. DECLARATION OF MOVING PARTY (CCP §2015.5; CRC 315(a)): yes ANALYSIS: Procedural Defendant in Default <0003002f002f0026000300 00030054005800440056[h service of the summons and complaint on defend...

Excerpt: ...e County Superior Court RULING: Motion to Transfer Case is DENIED. The court reading the plain language of the statutory provision relied upon, and case law interpreting it, finds that venue is appropriate in Los Angeles County, where defendant White resides. Specifically, the full sentence relied upon in CCP § 394 (a) requires a transfer only in limited circumstances: “(a) An action or proceeding against a county, or city and county, a city, ...

Excerpt: ...STED: Further Responses to Form Interrogatories, Set One Further Responses to Plaintiff's Requests for Production, Set One CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: <0003000300030003000300 00030003000300030003[ ok Reasonable and good faith attempt to resolve informally: ok, Exhibit 4 CHRONOLOGY <0003000300030003000300 00530055004c004f0003[5, 2019, overnight <0003000300030003000300 005c0003001b000f0003[2019 <00030003000300030...

Excerpt: ...q.] <0003000300030003000300 00030003000300030003[ Moving Party: Defendants JP Morgan Chase Bank, N.A. and Deutsche Bank National Trust Company as Trustee Responding Party: Plaintiff Esperanza Bagwell RULING: Defendants' Demurrer to Plaintiff's First Amended Complaint: Demurrer as brought by defendant Deutsche Bank National Trust Company is SUSTAINED WITHOUT LEAVE TO AMEND as to all causes of action, as it is not a party to the settlement agreemen...

Excerpt: ...arty: Defendant Shannon Kwong Responding Party: Plaintiff Michelle Juarez RULING: Defendant Shannon Kwong's Demurrer to Plaintiff's Complaint is OVERRULED. Defendant Shannon Kwong's Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to Complaint Strike Punitive Damages, Gross Negligence CAUSES OF ACTION: from Complaint 1. Breach of Contract 2. Gross Negligence 3...

Excerpt: ...gatories, Set One Monetary sanctions RULING: Motion to Compel Further Discovery Responses to Request for Admissions Set 1 and Form Interrogs Set 1 filed on behalf of defendants/cross-complainants NoHo Home Health Care, Inc. and Bella Aslanova scheduled for 03/08/2019: The court has considered the supplemental papers submitted by both sides: The Court's Tentative Ruling of March 8, 2019 now becomes the order of the Court, including as to the monet...

Excerpt: ...Requested: Summary judgment in favor of defendant John A. Kasher, M.D. Summary judgment in favor of defendant James Kao, M.D RULING: Defendant James Kao, M.D.'s Motion for Summary Judgment is DENIED. The court in its discretion has considered the late filed and served declaration of Tawhid Gazi, M.D., and the supplemental papers filed by moving party in response to that filing and finds that the continuance of the hearing date on this matter allo...

Excerpt: ...onses to all Special Interrogatories, Set One Further Responses to Request for Production (Set One) MONETARY SANCTION Notice stating person/party/counsel against <0003000300030003000300 00030003000300030003[ Defendant and counsel Notice stating amount sought: $3,150 <0051004a00030044005000 004a004b0057001d[ 9 hours drafting motion, reviewing opposition, drafting reply, attending hearing @ $350 per hour TOTAL = $3,150 Points & authorities supporti...

Excerpt: ... calendar as MOOT in light of the filing on June 27, 2019 of a First Amended Complaint. Motion to Stay Action for Legal Malpractice is GRANTED. The court sets a Status Conference Re Status of Stay for November 13, 2019 at 8:30 a.m. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Yanan Tang alleges that she entered into an agreement with defendant Joel Spence, pursuant to which defendant agreed to represent plaintiff as her attorney in dealing with a...

Excerpt: ... the first through third causes of action against Jin and third causes of action against Zhang and Hakka), and OVERRULED in part (i.e., as to the fourth through thirteenth causes of action). The court will hear from counsel for Cross-Defendants as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Jinhua Jin (“Jin”) is the managing member of Plaintiff Hakk...

Excerpt: ...staurant Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to first, second, third, fourth, fifth, sixth, eighth, ninth, eleventh eighteenth and nineteenth causes of action of Complaint CAUSES OF ACTION: from Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Dual Representation of Diverse Interest 5) Breach of Fiduciary Duty 6) IIED 7) Breach of Contract—Commercial Lease 8) Intentional Misrepresentation...

Excerpt: ...n demurrer to First Amended and Second Amended Complaints CAUSES OF ACTION: from First Amended Complaint 1) Complaint for Unpaid Wages, Interest, and Penalties 2) Complaint for Unpaid Overtime, Interest, and Penalties 3) Failure to Provide Meal and Rest Breaks 4) Failure to Provide Accurate Itemized Wage Statement 5) Labor Code § 203 Penalties SUMMARY OF FACTS: Plaintiff Bill Wen alleges that he was employed by defendant Auto Genius Insurance <0...

Excerpt: ... good faith PROPOSED ORDER LODGED? Yes FACTS The Third Amended Complaint alleges that this matter concerns the alleged fraudulent conveyance of seven properties in which plaintiffs have an equitable interest. The TAC alleges that previously there was litigation arising out of former defendant Li-Ya Huang's actions of defrauding her parents, plaintiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang, out of nearly two million dollars with which they ent...

Excerpt: .../Med Care, LLC's Petition to Confirm Contractual Arbitration Award is GRANTED. Background On June 21, 2019, Petitioner Med Tech/Med Care, LLC (“Med Tech”) filed its “Petition to Confirm Contractual Arbitration Award” (“Petition”). On July 3, 2019, Med Tech filed a proof of service, which reflected that Respondent Hemosure, Inc. (“Hemosure”) had been substitute served with the Petition on June 28, 2019. On July 9, 2019, Med Tech fi...

Excerpt: ...sponding Party: Defendant Zograv Gabrilyan (No Opposition) RULING: [No opposition] Application for writ of possession is DENIED WITHOUT PREJUDICE pursuant to CCP § 512.050. The application is confusing, as it appears directed to only one item of collateral, while the declaration refers to more than one Agreement and an additional items of collateral. [See Application, para. 4]. It is not clear if the estimated fair market value in the declaratio...

Excerpt: ...ine Gonzales RULING: Plaintiff Royal Health Homecare Agency, Inc.'s Motion to Compel Defendant Remil Charmaine <0024003100370028002700 1100030003[ The deponent, Remil Charmaine Gonzalez is ordered to give answers to the subject questions on the resumption of the deposition, and to further questioning, to take place before August 16, 2019. Objections may be interposed, and will be preserved, but the witness is not to be instructed not to answer un...

Excerpt: ... of defendant being served with the complaint, or within the time permitted for the parties to stipulate to an extension of time without a court order. Counsel for defendant is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendant SCE's Demurrer is OVERRULED. Ten days to answer. Meet and Confer? Ok RELIEF REQUESTED: Sustain demur...

Excerpt: ... pursuant to CCP § 473(d), as the relief granted to the plaintiffs on default exceeded that demanded in the complaint, as the complaint does not in its prayer include allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830. Answer or other responses to complaint due in 10 days. RELIEF REQUESTED: Vacate default jud...

Excerpt: ...ding Party: Defendants Hamzask Kiramijyan, Karapet Zakaryan and KAAS PC RELIEF REQUESTED: Lift discovery stay imposed by special motion to strike, direct defendants to respond to written discovery served prior to filing of special motion to strike, allow plaintiff to conduct additional discovery on limited scope of items, postpone hearing on special motion to strike to allow time for discovery to be completed before opposition due RULING: Plainti...

Excerpt: ... Mesropyan RELIEF REQUESTED: Order expunging the Notice of Pendency of Action RULING: Motion to Expunge Plaintiff's Notice of Pending Action is GRANTED. The court finds that the claimant, plaintiff Arsen Mesropyan, has not established by a preponderance of the evidence the probable validity of his real property claim. Notice of Pendency of Action (Lis Pendens) recorded in this matter on May 9, 2017 is ordered expunged. FACTUAL and PROCEDURAL BACK...

Excerpt: ...n-Hayden RULING: <0056000300450048004800 0044004f0003004d0058[dgment entered in this matter. Also, it is not clear what effect plaintiff's pending bankruptcy has on plaintiff's standing to seek relief in this matter, and it appears that defendants may have a claim to the bond funds, which may be pursued post-judgment. RELIEF REQUESTED: <0052005600570048004700 0003004400460057004c[on SUMMARY OF FACTS: Plaintiff Marco Macias alleges that he is the ...

Excerpt: ... Licea RULING: Plaintiff's Motion for Leave to File First Amended Complaint is GRANTED. The parties are ordered to meet and confer concerning the issues raised by the proposed pleading with respect to the damages claimed. The court will hear argument with respect to whether an agreement can be reached with respect to some revised content of the First Amended Complaint, or for the filing of a Second Amended Complaint once the court permits leave t...

Excerpt: ...ba Sunrise Ford <0003000300030003000300 00030003000300030003[ North Hollywood, Inc. Responding Party: Plaintiff Toni Lawson-Apana <0003000300030003000300 000300030033004f0044[intiff Keith Apana <0003000300030003000300 0003[ RELIEF REQUESTED BY MOVING PARTY: Order allowing second deposition of plaintiff Toni Lawson-Apana, and allowing deposition to occur at a place more distant than permitted under section 2025.250. Order allowing second depositio...

Excerpt: ...0300030003> Moving Party: Defendant Lyft, Inc. (Demurrer, Compel Further, Protective Order) Plaintiff Jane Doe (Compel Further) Responding Party: Plaintiff Jane Doe (Demurrer, Compel Further, Protective Order) <0003002f005c0049005700 00260052005000530048>l Further) RELIEF REQUESTED: Sustain demurrer to second and third causes of action in Corrected Second Amended Complaint CAUSES OF ACTION: from Corrected Second Amended Complaint 1. Battery 2. Ne...

Excerpt: ... Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-Complaint of Defendant Michael Sayer: Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for negligence and fifth cause of action for declaratory relief, at the concession in the opposition papers. Demurrer is otherwise OVERRULED. Ten days to answer. Cross-Defendant Joseph Jung's Joinder to Cross-Defendants Dennis Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-C...

Excerpt: ...& Weiss, LLP <0044005100570003003a00 004a0052000300250044[nk, N.A. RELIEF REQUESTED: Order enjoining defendant Barrett Daffin Frappier Treder & Weiss, LLP, its agents, assigns, all those acting in concert, from selling or facilitating the sale of the subject property for the remainder of this litigation SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the se...

Excerpt: ...oying hundreds of staff members, and having established prominence, recognition and success in its services, work quality and name. Plaintiff alleges that in 2012, it hired defendants Juliane LaMarche and Richard Sankey to head up a digital media division of its limited liability company, entering into an “at will” employment agreement pursuant to which defendants would develop and build the digital media department of BLT, utilizing 10-15 ex...

Excerpt: ...led by defendants John A. Kasher, M.D. and James Kao, M.D. Responding Party: Plaintiff Jason Steger RULING: Defendant Kathleen Makarewicz, M.D.'s Motion for Summary Judgment: The court notes that plaintiff Jason Steger had filed with the court Plaintiff Jason Steger's Statement of Non-opposition to Defendant Kathleen M. Makarewicz M.D.'s Motion for Summary Judgment, stating that he submits non-opposition to the motion and withdraws opposition and...

Excerpt: ... RELIEF REQUESTED: Order enforcing settlement by entering stipulated judgment against defendant Elias Tannous. SUMMARY OF FACTS: Plaintiff Courtesy Electric Wholesale filed this action to collect sums allegedly due pursuant to Account Agreements and Guaranty Agreements pursuant to which defendants agreed to pay plaintiff for electrical goods and other materials furnished and delivered to defendants by plaintiff. On July 9, 2013, plaintiff filed a...

Excerpt: ... Family 1992 Trust Responding Party: Plaintiff Arsen Mesropyan RELIEF REQUESTED: Order granting leave to intervene in this matter FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Arsen Mesropyan alleges he is the pastor of the Armenian Light and Life Church which is currently a tenant of three parcels of property in Burbank, currently owned by defendant Church of Jesus Christ of Latter Day Saints dba Community of Christ Church (“CCC”). Plaintiff ...

Excerpt: ...ication for writ of attachment is DENIED without prejudice. The court has considered the pleadings and other papers in the record submitted by both parties and finds that plaintiff has failed to establish the probable validity of the claim set forth in the application as to the current state of offsets, credits and non-conforming goods. Required Documents: __X__ Summons and Complaint <0017001b00170011001300 180013000c00030003[ __X__ Application f...

Excerpt: ... <0033004800510047004800 510056[ SUMMARY OF FACTS: Plaintiff Luis Pezzini brings this action in pro per, and alleges that plaintiff is the co- owner of real property in Glendale, entitled to an undivided one-half interest, and that the subject property is co-owned by defendant Silvina Ema Zoltzman. Plaintiff alleges that defendant is now in possession of the subject property, and has been in possession since 2000, and has deprived plaintiff from ...

Excerpt: ...[atment Center Responding Party: Plaintiffs Christina Cauble and Christopher Cauble RELIEF REQUESTED: Quash subpoenas served on City University of Los Angeles and UCLA Extension MONETARY SANCTION (CCP §§ 2033(k), (l), 2023(b)(1), (c) ) None sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Exs. B, C FACTUAL BACKGROUND: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother...

Excerpt: ... settlement agreement SUMMARY OF FACTS: <002600030044004f004f00 00570003004c00570003[provides programming and services to car dealerships, and repo and repair shops with respect to keyless entry systems, and has invested capital and resources to acquire tools and technological skills to perform the complex work of programming the keys for such systems. Plaintiff alleges that defendant Advanced Programming Solutions (“APS”) is a business from ...

Excerpt: ...ding Party: Defendant Haier US Appliance Solutions, Inc. RULING: Motion of Plaintiff Mid-Century Insurance Company to Compel Compliance with 2 nd Set of Demand for Production of Writings is GRANTED in part. The court finds that plaintiff has established good cause for the production of the subject claim file, based on the failure of defendant to provide substantive information with respect to its position in this matter concerning damages in resp...

Excerpt: ...ro Revocable Family 1992 Trust <00030049004c004f004800 00480051004700440051[t Community of Christ Responding Party: Plaintiff Arsen Mesropyan RELIEF REQUESTED: Order expunging the Notice of Pendency of Action FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Arsen Mesropyan alleges he is the pastor of the Armenian Light and Life Church which is currently a tenant of three parcels of property in Burbank, currently owned by defendant Church of Jesus Chr...

Excerpt: ...arer case does not apply, and the pleading does not allege with sufficient detail how there was a delay in discovery until “after November 19, 2017,” when the pleading also alleges that the diagnosis was made on that date. [See paras. 11, 12]. Ten days leave to amend. The parties are ordered to meet and confer in full compliance with CCP § 430.41 before any further demurrer may be filed. RELIEF REQUESTED: Sustain demurrer to First Amended Co...

Excerpt: ...CP 437c(g): Material facts which do or do not create a triable issue of controversy: [No Opposition] Motion for Summary Adjudication: The court finds that plaintiffs have failed to file timely opposition to this motion, and have failed to comply with the statutory requirement of filing a separate statement addressing each material fact raised in the moving papers. Pursuant to CCP §437c(b), the motion for summary adjudication is granted. The moti...

Excerpt: ...tive, summary adjudication of issues Causes of Action FROM THE Third Amended Complaint 1) Fraudulent Conveyance* 2) Conspiracy to Commit Fraudulent Conveyance 3) Aiding and Abetting Tort 4) Financial Abuse of Elders *Pursuant to Court's orders of June 23, 2017 and June 30, 2017, cause of action designation stricken from pleading, and the allegations treated as general allegations SUMMARY OF COMPLAINT: The Third Amended Complaint alleges that this...

Excerpt: ...ed: NO RESPONSES SERVED Date of Court Order: March 1, 2019 (responses to be served within ten days, sanctions of $990 payable within 30 days); March 8, 2019 (RFAs deemed admitted, sanctions of $7005 payable within 30 days) Notice of Ruling served: March 11, 2019 Motion Served: April 17, 2019 FACTUAL BACKGROUND: Plaintiff Babak Mobin, in pro per, alleges that on April 25, 2015, he was sent from Kaiser Woodland Hills to defendant Saint Joseph's eme...